national university of study and … nusrl national trial advocacy competition, 2015 page 1 of 47...

1st NUSRL National Trial Advocacy Competition, 2015

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NATIONAL UNIVERSITY OF STUDY AND RESEARCH IN LAW, RANCHI


State of Realkhand v. Mr. Ajay Shakya & Mr. Naman Bhalla

In the Court of the Principal Sessions Judge, Rinchi

List of Exhibits Page No.

Exhibit 1 - F.I.R. Report 03

Exhibit 2- Spot Panchnama 09

Exhibit 3- Statement under Sec. 161 CrPC 11

Exhibit 4 - Autopsy Report 18

Exhibit 5 - Ballistic Report 26

Exhibit 6 - Charge sheet 33

List of Appendices Page No.

Appendix 1 – Statement of the Defence Expert 28

Appendix 2- Entry Register of Metro Bar 35

Appendix 3 – Outgoing Call Logs of Mr. Ranjit Chaddha 36

Appendix 4 – Marriage Invitation Card 38

Appendix 5 – Flight ticket of Mr. Ranjit Chaddha 40

Appendix 6 – Gun License of Mr. Ranjit Chaddha 45


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Appendix 7 – Invoice/Bill of Metro Bar 46

Appendix 8 – Death Certificate of the Deceased 47

List of Witnesses Page No.

1. Mr. Aditya Raizada, Brother of the deceased (informant) PW- 1 06

2. Mr. Jagoo , Passer-by, PW- 2 11

3. Mr. Sukhi kumar, Owner of the betel shop, PW-3 11

4. Dr. Veena Agnihotri, Medical Expert, PW- 4 12

5. Dr. Namrata Reddy , Ballistics Expert, PW- 5 13

6. Mr. Rajeev Shekhawat, Police Sub Inspector (IO), PW -6 14

7. Mr. Anil, Waiter-PW- 7 17

8. Mr. Alfred Mathew, Defence Expert, DW 1 28

9. Mr. Ajay Shakya, Accused No.1 - DW 2 28

10. Mr. Naman Bhalla, Accused No. 2 - DW 3 30

11. Mr. Mathew Gonzalves, Receptionist, DW -4 31

The case is posted for trial on 2nd

April, 2015. The laws of Foland are in pari materia

with the laws of India.


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Exhibit 1

FIRST INFORMATION REPORT

(Under Sec. 154 of CrPC)

Ref No.: 143432

1.District: Rinchi Police Station: Nangloi Year 2014

FIR No 667/14 Date 01-01-15

2.(i)Act Folandian Penal Code Sections 302, 120 B, 34, 504, 107

(ii)Act Folandian Arms Act Sections 27

(iii)Act..........................................… Sections.......................................................................

(iv)Other Acts &Sections..........................................…………….……………………………..

3. (a) Occurrence of offence: Day: Thursday Date from 01-01-15

Date to 01-01-15

Time Period: Time from: 9:45pm Time to: 10:10pm

(b) Information received at P.S.: Date............................... Time...........................................

(c) General Diary Reference: Entry No..............................Time..…........………………….

4. Type of Information: Written/Oral :

5. Place of Occurrence: (a) Direction and distance from P.S. 3 K.M. approx towards the

north-west.

(b)Address...............................................................................................................………….…

….........…………......…………………………………………………………………………...

(c ) In case, outside the limit of this Police Station, then:

Name of P.S............................................…District……………….………………………

6. Complainant /Informant:(a)Name: Aditya Raizada b) Father's/Husband's : Ramseh

Raizada


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(c) Date/Year of Birth: 20-09-1971 d) Nationality: Folandian

Date of Issue..…………………….......Place of Issue..……………..………………………….

(f)Occupation: Businessman

(g) Address 1, Tanke Colony, Rinchi

7. Details of known/suspected/unknown accused with full particulars: (Attach separate sheet,

if necessary)

(1).................................................................................................................................................

(2).................................................................................................................................................

8. Reasons for delay in reporting by the complainant /

informant......................................................................................................................................

..................................................…………………………………………………………………

9. Inquest Report/ U.D. case No. / if any . …….........…………………………….......

10. Action taken/Since the above information reveals commission of offence(s) u/s as

mentioned at Item No. 2. :

(1) Registered the case and took up the investigation or

(2) Directed Sh./Smt./Km.(Name of I.O) Rajeev Shekhawat Rank Sub-inspector

No. 123 to take up the Investigation or

(3) Refused investigation due to……………………………………………………or

(4) Transferred to P.S.......................District.......….…… on point of jurisdiction.

F.I.R. read over to the complainant / informant, admitted to be correctly recorded and a copy

given to the complainant /informant, free of cost.

R.O.A.C. Sd/- (Rajeev Shekhawat)

Signature of Officer in charge, Police Station

11. Signature / Thumb impression Name.................................................................................of

the complainant / informant.


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Physical features, deformities and other details of the suspect/accused : ( If known / seen )

Serial No. Sex Date/Year

of Birth

Build Height

(cms)

Complexion Identification

Marks

1. 2. 3. 4. 5. 6. 7.

Deformities Teeth Hair Eyes Habit(s) Dress

8. 9. 10. 11. 12. 13.

Language Place of

Burn Mark Leucoderma mole Scar Tattoo

14. 15. 16. 17. 18. 19.

These fields will be entered only if informant gives any one or more particulars about the

suspect/accused.


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STATEMENT OF THE INFORMANT

PW- 1: Mr. AdityaRaizada (Informant)

Sex: Male Age : 34 years Occupation: Businessman

Statement: I am Aditya Raizada, S/o Ramesh Raizada, residing at 1, Tanke Colony, Rinchi.

In 2008, Nitin and I, we both started a logistic firm by the name of M/s Forever Ready in the

city of Rinchi. In a matter of few years, we managed to ace the market and our business was

at its peak. Nitin was elder to me thus owning 70% of the total assets of the company, while I

owned the remaining. We both lived together in Tanke Colony and had an amicable

relationship. We both used to leave together for our office which is situated in Kariatu ,

Rinchi. We used our Zero Fonda, AMR (RK 05 Y 2089) to commute to and fro from our

workplace.

Every day at around 9 am in the morning, both of us used to leave residence for our office

The distance of the office from our residence was about 7 kms which covered a 2 km stretch

of a national highway (PH-2) and it took us nearly 25 minutes to cover the entire distance.

On 1st January, 2015 we had left from our residence to go to our office at around 6 pm in the

evening, as on that day the office was closed on account of new years. There was a party at

the office from 7 pm. This party was being thrown for the staff.

The party continued till 9:30 pm. Nitin had a few drinks at the party and I being a teetotaller

was supposed to drive back home. We generally use to leave the office by 8:30 pm but owing

to the celebrations we left at around 9:45pm.


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It was freezing cold that night but with no signs of fog. We had approximately driven for

around 15 minutes when I heard a bike chasing from behind racing its accelerator. I moved

the bike towards the left side of the road to allow the bike approaching from behind to pass.

But in no time they came parallel to us. Suddenly I heard a very loud bang and saw the bike

race past us at high speed. The noise shook me. They came close to our bike and the pillion

rider shot Nitin (deceased) who was sitting behind me. The bullet hit the back right side and

went diagonally through the body traversing the lower chest. The incident took place at

around 10:02 pm.

I felt a jerk and almost lost control of the bike. I could not notice the number plate of the bike

as it was dark and the light of that bike were not switched on. The rider and the pillion rider

both were wearing helmets. I turned around and saw my brother bleeding and crying in pain.

There was no help available nearby and the nearest hospital was at a distance of 1.7km

therefore I sped the bike so as to provide immediate medical aid to my beloved brother.

On the way, when I was about 500 meters away from the hospital Nitin fell off from the bike

due to him being unconscious and even I couldn’t manage to balance it, eventually the bike

crashed. Even I sustained some bruises and injuries.

Two persons came running towards our bike and helped us. One of them removed the bike

while the other helped my brother. Fortunately and on my request, one of them had a car.

They helped Nitin in order to get him inside the car and we all four rushed to Seven Flowers

Hospital which was the nearest one.

On reaching the Hospital (Seven Flowers Hospital) at around 10:30 pm, I rushed to the

Emergency Counter and managed to get a stretcher. The hospitals authorities in the beginning

were reluctant to admit Nitin as it would involve the police too. But on my persistent requesta


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and of the other accompanists, Nitin finally got admitted after a delay of 10 mins. Nitin was

taken to the emergency ward at around 10:45 at night. By the time I could finish off the

formalities, Nitin was already declared dead.

The hospital authorities informed the police. The police then arrived at the hospital from the

nearest Nangloi Police Station at around 10:55 pm. After that the police asked the two

persons who helped us, to accompany them to the place where Nitin fell off from the bike and

then subsequently to the crime scene so as to draw the Panchnama. At the crime scene, some

blood stains were found on the road, the scraps of which were collected by the police. A

cartridge in dilapidated and damaged condition was too collected from the crime scene but

the police failed to recover the bullet. One sub-inspector, Mr. Rajeev Shekhawat along with

three constables did the inspection. After inspecting the crime scene they again asked me to

accompany them to the Nangloi police station where Mr. Rajeev himself recorded this

statement at around 11:45 pm.

Sd/- Sd/-

Sub- Inspector Aditya Raizada

Mr. Rajiv Shekhawat


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Exhibit 2

NB. This document will have to be proved and exhibited in evidence by the Prosecution.

SCENE OF OFFENCE PANCHNAMA

Pancha No. 1

Mr. Sukhi Kumar, age- 27 – Owner of the Betel Shop

Residing at- 10/9, 8th

Street, Near Seven Flowers Hospital, PH-2, Nangloi Station

Rinchi-348001

Pancha No. 2

Mr. Jagoo Prasad, age – 32 – The owner of the vehicle in which the victim was brought to

the Hospital

Residing at- 68/3, 26th

Street, Toranda,

Rinchi-348001

We the above named panchas were asked by Mr. Rajeev Shekhawat to accompany him to

the crime scene near the Highway, PH-2 , near Nangloi station at 11:10 pm on 01.01.2015.

When we reached there with Mr. Rajeev Shekhawat along with the other three constables,

they asked us to act as panchas, to which we agreed. We first stopped near the place where

the bike was lying. The police thereafter searched the bike for the evidences where they

recovered the blood samples of the victim. Some stains were found on the silencer and some

on the tail guard. The bike was in a damaged condition with the backlights broken and ample


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scratches on it. The police even collected some broken pieces of glass which had fallen off

from the indicator lights. Nothing more could be recovered from there and consequently we

moved to the place where the victim was shot. It was indeed very dark, with no signs of light

on the open stretch of the highway where the incident took place. The police with the help of

torch lights searched for the evidences and recorded the same. Some bloodstains were found

on the road, scraps of which were collected by the police. Police searched the nearby areas,

around the bush, on trunk of trees so that they could get any trace of the bullet. The police

tried their best so as to recover the bullet, but they were unsuccessful in their endeavour

however a cartridge in a dilapidated and damaged condition was collected from the crime

scene. The search continued for sometime without further recovery of any evidence.

Signed by Sub-Inspector Signed by Panch No.1

Mr. Ranjeev Shekhawat Signed by Panch No. 2


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Exhibit 3

PW – 2 – Mr. Jagoo – Passerby

Sex: male Age : 27 years Occupation: Unemployed

Statement: I am Jignesh Patel alias Jagoo, s/o. of Shri Avdhesh Patel. I am a resident of 32

B, Mahatma Gandhi Road, Hari Complex, Rinchi. I am an IAS aspirant and currently

unemployed. On the day of the incident I was smoking a cigarette at the betel shop of Mr.

Sukhi which is located on the National Highway PH-2. It was around 10:15pm that I saw a

bike coming towards me with two persons sitting on it. The pillion rider was leaning forward

on the rider and the bike was at a considerably high speed. By the time I could realize the

seriousness of the situation I saw the pillion rider fall backward and as a consequence of this

the driver lost his control and they crashed. Sukhi and I rushed to help them where I found

the pillion rider to be bleeding profusely as he had some sort of injury on his shoulder. The

rider too had sustained some bruises and injuries. The rider, who told his name to be Aditya

requested me to help him as the person injured was his brother and as per him he was shot on

the way. I took my car Naruti 900, RK 03 H 8375, and rushed to the nearby Hospital (Seven

Flowers), where he was declared as brought dead.

PW – 3 – Mr. Sukhi – Owner of the Betel Shop

Sex: Male Age : 45 years Occupation: owner of the betel shop at the highway

Statement:I am Sukharam Tirkey alias Sukhi, s/o. of Late Shri. Jitanram Tirkey. I am a

resident of Old HB road, National Highway PH-2, Rinchi. I have a betel shop on the National

Highway no. PH-2. It was around 10:15pm, when I was making betel for Mr. Jagoo who was

standing outside my shop. I noticed a bike approaching towards the shop. The rider looked

uncomfortable racing the bike at continual intervals. By the time he could stabilize, the


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person who was sitting at the back of the rider fell off from the bike and as a consequence of

which the bike crashed hitting the side railings. Mr. Jagoo and I rushed to the spot in order to

help them. There were two people on the bike and both had fallen down. I saw that the pillion

rider was profusely bleeding and was almost in an unconscious state. The rider, requested Mr.

Jagoo and me to help them as the injured one was his brother and as per him he was shot on

the way. Mr. Jagoo agreed to help him and rushed towards the hospital nearby. While Mr.

Jagoo helped him to place the injured in the car, I quickly locked my shop and after which I

went along with them to Seven Flowers Hospital.

PW – 4 - Dr. Veena Agnihotri, Medical Expert

Sex: Female Age : 47 years Occupation: Surgeon

Statement: I am Dr. Veena Agnihotri (M.B.B.S), d/o Dr. Nirmal Agnihotri, residing at 23,

Vatu Road, Rinchi. I am practising at the Imperial Institute of Medical Sciences, as a Chief

Surgeon for the past 18 years.

I was the main coroner in the post mortem examination of Mr. Lt. Nitin Raizada. It is to be

noted that according to my knowledge, the body was brought in at around 01:00 am and was

declared dead on arrival by the ward boy. I was then called to conduct the post mortem in the

subsequent morning, at around 10:00 am. The autopsy began at 10:09 am and it continued till

12:40 pm.

The body at the time of the post mortem had visible injury marks on the right side of the face,

right hand, and below the knee joint on the right leg. There was a bullet entrance wound on

the back right side of the body. The bullet entered the body by perforating rib cage no. 4. The

entrance wound was oval, sharp edged and 8.0mm in diameter. The bullet exited the body

after severely damaging the lungs, diaphragm and other vital organs. This led to severe

internal bleeding and rupturing of major veins and arteries. The exit wound was cone like in


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manner and was formed due to the perforation of the last ribcage on the left side of the body.

Upon flipping the body over, there was visible injury at the back side of the head. The visible

injury marks were clearly indicating blood clotting and the presence of haemorrhage.

My opinion on the aforesaid cause of death has been duly reasoned in an Autopsy Report.

The report has been prepared carefully following the standard procedure and protocol. The

report has been duly submitted to the proper authorities.

PW – 5 - Dr. NamrataReddy , Ballistics Expert

Sex: Female Age : 51 years Occupation: Ballastic Expert

Statement: I am Dr. Namrata Reddy (M.Sc [Forensic Science]), D/o. of Shri Mudhurkar Rao

and W/o. Dr. Samir Reddy. I am a resident of 122, Maulegoan Rd., Vasant Complex, Rinchi.

I am a ballistic expert by profession and has been involved with the Imperial Institute of

Close Counter Ballistics and Urban Warfare for the past 24 years of my life. I have

specialization in range weapons both prohibited as well as non-prohibited bores like 0 .38

Cal, .30 Cal, .32 Cal and others. I have various different past experiences in helping the

police authority in determining the ammunition and handguns used for committing the crime.

The police authority brought two weapons manufactured by Smith and Wessen. The police

authority has also recovered an empty shell fired from the crime scene. I was supposed to

examine the empty shell along with the two guns which were seized from the accused. I

conducted various tests to determine the calibre, the distance of firing and the guns which

could have been used to fire the bullet as they were vital in the current investigation. In my

tests, I could determine that the bullet was fired from an intermediate range i.e., a maximum

distance of 30 cm. The entrance wound was of 80 mm which is caused by a 0.38 calibre

weapon. Further details and compliance results has been duly reported in ballistic report.


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PW- 6- Mr. Rajeev Shekhawat – Sub-Inspector (IO), Nangloi Police Station, Rinchi

Sex: Male Age : 47 years Occupation: Sub- Inspector, Nangloi Police Station, Rinchi

Statement: I am sub-inspector Rajeev Shekhawat, posted in Nangloi P.S. ,Rinchi. On 1st

January I got a call from the Seven Flowers hospital at 10:45 pm informing that a person

named Mr. Nitin Raizada was shot in his shoulder and was brought to the hospital at 10:30

pm but before he could be admitted he was already dead. I noted down the details in the

register and reached the hospital within 10 minutes. Mr. Nitin Raizada was brought by Mr.

Aditya Raizada( brother of Nitin) , Mr. Jagoo and Mr. Sukhi. We proceeded towards the

crime scene at around 11:30pm and asked my officers to draw up a panchnama in front of the

said witness i.e. Mr. Jagoo and Mr. Sukhi. I along with three other constables went to the

place where the bike was lying and searched the bike for the evidences where we recovered

the blood samples of the victim. Some stains were found on the silencer and some on the tail

guard. The bike was in a damaged condition with the backlights broken and ample scratches

on it. We even collected some broken pieces of glass which had fallen off from the indicator

lights. Nothing more could be recovered from there and consequently we moved to the place

where the victim was shot. It was indeed very dark, with no signs of light on the open stretch

of the highway where the incident took place. With the help of torch lights we searched for

the evidences and recorded the same. Some bloodstains were found on the road, scraps of

which were collected by us. We searched the nearby areas, around the bush, on trunk of trees

so that we could get any trace of the bullet. We tried our best so as to recover the bullet, but

were unsuccessful in our endeavours however a cartridge in a dilapidated and damaged

condition was collected from the crime scene .We continued the search for sometime without

further recovery of any evidence.


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I filed an FIR against an unidentified person since Mr. Aditya had no suspects. Mr. Aditya

told me that they left their office at 9: 45 pm that night and after driving for about fifteen

minutes, they heard a bike chasing them from behind. He moved the bike towards the left

side of the road to allow the bike approaching from behind to pass. In the middle of which he

suddenly heard a very loud bang and saw the bike race past at high speed. The noise shook

him and he felt a jerk and almost lost control of the bike. He could not notice the number

plate of the bike as it was dark and the light of that bike was not switched on. He further

continued and told me that his brother was shot and was crying in pain. The rider and the

pillion rider both were wearing helmets.

On 02/01/2015, at around 5:00 am in the morning, I got a tip from my secret source that four

people were loitering around at a tea stall in Kailash Colony which was at a distance of 3.2

kilometres from the crime scene with deadly weapons and their activity was suspicious. On

receiving the information, I noted down the information in the register and left for Kailash

Colony along with five other police constables in order to apprehend those four people.

On seeing us they got alert and two of them managed to flee but we got hold of the other two.

We found few live bullets that had fallen from the pocket of the two who had eloped. The

other two were taken into the custody by us. A brand new pistol with a fully loaded magazine

was recovered from Naman Bhalla, DW-2, while the other Ajay Shakya DW-1, had a pistol

and a magazine from which only one bullet was missing.

On doing a background research of the accused I found one of them to be Ajay Shakya who

was an ex- employee of Mr. Nitin Raizada, and he used to trade in illegal arms under the garb

of the logistics company, i.e. M/s Forever Ready. Around one week back, i.e on 26th

December, 2014, Nitin got to know about the evil designs of Ajay Shakya and his illegal


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smuggling of weapons which infuriated him and eventually after exchanges of abuses, Nitin

fired him from his job.

On further investigation we found that the empty bullet shell which we collected from the

crime scene where Mr. Nitin was shot happened to be of a similar calibre as the one we

seized from Mr. Ajay Shakya.

On conducting a preliminary research and on the basis of the deposition of Ajay Shakya, I

enquired into the office of the deceased and came to know that the statement of other

employees corroborated with the statement of Ajay, i.e. the heated argument between Nitin

and Ranjit one day. Strangely, on the day of incident i.e. 1st January when Mr. Nitin was

murdered, Mr. Chaddha was present in the town to attend a friend’s reception party on 29th

December, 2014 who was a resident of Molkata, West Tengal. The only ground we had to

proceed with the investigation against Mr. Chaddha was that at the reception party Mr.

Chaddha again had a quarrel with Nitin and he even went ahead to slap him. Coupled with

this he gave him a life threatening too. Another incriminating fact was that Ajay Shakya and

Aditya Raizada were too invited to that reception party and were present there. When I

investigated more in the matter I came to know that Mr. Chaddha possessed a licensed gun of

a similar calibre registered on his name. I even traced the call records of Mr. Chaddha. But

due to the lack of conclusiveness of evidences against Mr. Chaddha we were left with no

reasonable ground to believe that Mr. Chaddha would be involved in the matter.

In the preliminary stage of investigation itself and as per the deposition of the accused that at

the time when the offence took place he was drinking with his friends in Metro Bar.

Eventually I along with three other constables went to Metro Bar in order to check the

veracity of the statement of the accused. While the receptionist accepted the fact that Ajay

along with his friends were present on the eve of 1st January, 2015, the waiter who served


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them deposed that despite the fact they were present in the bar Ajay left the bar for some time

and was absent and then came back again.

The evidences against Ajay Shakya were quite incriminating and in all probability he was the

prime suspect. In consequence of this we proceeded with the investigation against him.

PW- 7 – Anil Sarkar – Waiter at the Metro Bar

Sex: Male Age : 55 years Occupation: Waiter at the Metro Bar

Statement: I am Anil Sarkar, s/o Satyajit Sarkar , Resident of 67/2, Kathitola, Rinchi. I am a

waiter at the Metro Bar. On 3rd

January, 2015 at around 7:32 pm, I got a call from the

reception desk. It was Mr. Mathew who had called me. He told me to report at the reception

desk as soon as possible. Since I was serving a table at that time, it took me around 5 minutes.

On the reception desk, Mr. Mathew introduced me to Mr. Rajeev Shekhawat who according

to him was a Sub-Inspector. Mr. Rajeev then showed me the photographs of two people and I

was asked whether they were present there in the bar on the eve of 1st January, 2015. Mr.

Rajiv further told me that their name was Ajay Shakya and Naman Bhalla. I answered in

affirmative and told them each and every thing of which I was aware off. On the day of

occurrence I was serving Table No. 21 where the accuused Mr. Ajay Shakya along with his

two friends was having drinks and snacks. They were enjoying their drinks but Mr. Ajay

seemed a bit disturbed as he was fumbling in holding his glass and was a bit restless too. This

is a normal thing which you see as a waiter every evening. But his behavior was quite

obvious as he kept on insisting to pour some more tomato sauce despite the fact his plate was

already full of it. He was sweating like anything. It is worth mentioning that during their stay

at the bar Mr. Ajay went outside the Bar for about 40 mins. (appx.). When he returned back,


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they paid the bill and gave me a handsome tip of Rs. 200. Apart from this everything seemed

normal.

Exhibit 4

AUTOPSY REPORT

Autopsy Report No: 2015/234 Ref No.15523/A

Autopsy Authorised By: OC Nangloi PS

Date and hour of receipt of body: 01:00 am on 2nd

January, 2015

The hour of starting autopsy: 10:09 am

Hour of concluding autopsy: 12:59 pm

Body brought and identified by: Jagoo Prasad and identified by Aditya Raizada

Age: 37 Sex: Male

Height: 171cm Weight: 72kgs

Hair: Black Eyes: Black

Built: Medium

CLOTHING:

A black leather jacket, blue jeans, white shirt, white undershirt, black belt, size 7 brown

shoes, blue boxers, one pair of white socks.


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SCHEDULE OF OBSERVATION

A- GENERAL

Name: Nitin Raizada

Special Identification Features: Black mole near the right elbow joint and near the left chest

plate.

External Appearance: Well developed, nourished, brown male about 37 years of age. The

body is normal and consistent with the age. Tongue is normal in shape and is red in colour.

Total no. Of teeth present are 30.

Presence of evidence of regular shaving. The mouth contains natural teeth

Injuries:

Head: severe abrasion in both mandibles, towards the right of the face. Blood loss from the

back of the head with signs of haemorrhage and blood clotting.

Shoulder: Extensive damage to clavicle, due to bone from scapula being embedded. Scapula

has been shattered. Presence of entry and exit holes on the front and the back of the body as

illustrated.

Thorax: Extensive damage to ribs, particularly, right ribs no. 1,2,3,4 & 6.

Abdomen: Hairline fracture in right pelvic bone.

Legs: Dislocated patella along with hairline fractures in both tibia and fibula in the right

lower knee region. Posterior cruciate ligament is torn.


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B. HEAD AND NECK

1. Skull, brain, meninges and cerebral vessels: Severe haemorrhage and blood clotting.

2. Orbital, Nasal and aural cavities: Broken nose bridge

3. Mouth, tongue: Bleeding from tongue

4. Neck, larynx, thyroid and other neck structures: -NA-

C. CHEST (THORAX)

1. Ribs and Chest Wall: Rib no. 1,2,3,4 and 6 damaged

2. Diaphragm: punctured

3. Oesophagus: unremarkable

4. Trachea and Bronchi: damaged

5. Pleural Cavities: damaged

6. Lungs: the right lung has been punctured and the left lung has been scraped near the

bottom.

7. Heart and Pericardial sac: the heart weighs 360 grams and is unremarkable

8. Large blood Vessels: ruptured, near right shoulder region

D. ABDOMEN

1. Abdominal wall: unremarkable

2. Peritoneal cavity: unremarkable

3. Stomach and content: Semi-dissolved chicken

4. Small Intestine: unremarkable

5. Large intestine, vermiform appendix, mesentery and pancreas: unremarkable

6. Liver, gall bladder, biliary passages: liver weighs 1500 grams and is other wise

unremarkable. The gall bladder contains 11cc of bile.

7. Spleen: ruptured


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8. Kidney, renal pelvis, ureters: unremarkable

9. Pelvic wall: -NA-

10. Urinary bladder and urethra: -NA-

11. Genital organs: -NA-

E. SPINAL COLUMN

1. Spinal column and spinal cord: Fracture in the 7th

vertebra.

E- ADDITIONAL REMARKS

1. presence of damage in the following areas:

Head and neck region


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Bullet entry and exit holes


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Damage to bones.


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G. SPECIMEN COLLECTED FOR TOXICOLOGICAL ANALYSIS

Nature of specimen Preserved

1. Stomach with contents: Semi-dissolved chicken.

2. Small intestine and contents: Water with high carbonate levels.

3. Sample of Liver: The liver weighs 1600 grams.

4. Kidneys: -NA-

5. Spleen: Ruptured, nothing found

6. Sample of Blood: Blood group: (AB-), Sugar: 72 mg/dL, WBC Count: 6,500 cells mcL,

RBC Count: 4.7 cells/mcL, blood alcohol: 101 mg %.

H. Evidence of Injury

Apart from the wound in the head, there is one single entry wound and one exit wound on the

thorax, as displayed earlier. The entrance wound has powder tattooing which is an ante-

mortem phenomenon, there are individual tattoo marks of reddish brown punctuate. Lesions

surrounding the entrance wound but the distribution is eccentric to angle punctuate the gun

wound is covered with blood and has dense black centre surrounded by lighter grey outer

zone with scalloped appearance. Grains of powered are embedded in the epidermis. The exit

wound has a cone like appearance and has perforated the bone. The bullet hole and the

entrance has a diameter of 0.8mm.

The penetration seems to begin by perforating rib no. 4. Then moves down from the right

backside, 5 cm from the spinal cord and escapes on the front left side by perforating the last

rib.

I. Items handed over to Police

1. Post Mortem Report: Yes

2. Dead Body: Yes


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3. Viscera, Clothes and articles, if any: Yes

I. TIME SINCE DEATH : 12- 13 hours

J. OPINION: The cause of death to the best of knowledge and belief.

Excessive blood loss due to gunshot wound of calibre either .30 or .32 in the shoulder region

rupturing critical arteries and shattering bones. Damaged ribs, bronchi and ruptured

diaphragm leading to asphyxiation, causing unconsciousness. Haemorrhage in the back of the

head due to the fall.

Signature:

Sd/-

Dr. Veena Agnihotri

Imperial College of Medical Sciences,

Lady Wilkerson Memorial Medical College,

Rinchi University,

Rinchi 77007

Foland


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Exhibit 5

BALLISTIC REPORT

Examination Required

Cartridge and shell examination.

Gunshot Residue and distance determination.

Examination of firearms

List of evidence received.

1 empty shell in a dilapidated shape.

2 Smith and Wessen revolvers

Evaluation of firearms.

.38 S & Co Smith and Wessen also known as the Saturday night special. A cheap

weapon.

Two such weapon were given for the purpose of testing. One of them has been used

once or twice, the other one was new during the time of testing.

Cartridge and Shell examination.

Empty Shell in a dilapidated state which may match to a .38 caliber bullet.

The shell displays skid marks.

Non rectilinear motion of bullet due to internal skid of the shell

Gun residue and Distance determination.

The test conducted on the wund of the body show that the entrance wound a round to oval

shape, sharp edged. With a punched out appearance.. The sixe of the wound being 8.0mm.


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The exit wound is cone like due to perforation of the bones. There is powder tattooing. The

distance from the muzzle maybe 30 cm.

No presence of any relevant material on clothing.

In my opinion the after the examination of the shell and the wound the bullet may be fired

from:-

Serial No. Caliber Size Manufacturer Direction of

turn

No. of Groves

1. .38 S&W Smith and

wessem

R 05

2. .38 spewal Smith and

Wessem

R 05

3. .22S, L,LR Beretta L 06

By examining the wound and the empty shell, im my opinion the bullet might be of a .38 or

.32 caliber

16th January, 2015 Signature

Rinchi Dr. Narmada Reddy


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Appendix 1

DW 1: Mr.Alfred Matthew , Defence Expert

Sex: male Age : 64 years Occupation: Retired forensic expert

I am Alfred Matthew, S/o Bruce Matthew, residing at 45, Boranda Colony, Rinchi. I am a

retired forensic expert who worked at the Imperial Centre of Urban Tactics.I was working for

the Forensic wing of the Criminal Investigation Department, Rinchi.

In my professional opinion the ballistics test and the identification of the bore of the weapon

cannot be done in a conclusive manner. The wound can be tested for the identification of the

make, type and bore of the gun. However for this, the wound needs be studied carefully. In

the present case the bullet has not been recovered, and it has struck the victim at an acute

angle making an eccentric wound and punctuates abrasions. It is difficult to infer or rely on

the ballistic report as a 0.38 calibre weapon generally causes a wound with a dimension of

8.5mm. Further, the powder tattooing effect found on the wound can be obtained from a

distance of 15 to 20 feet. Also, the blood on the gunshot wound is a rare occurrence. Lastly,

the ballistic report stating that there is no relevant information on the clothing is even more

dubious. Further, the autopsy of the body was done after a significant delay. Due to this

delay and the nature of the wounds a clear reasoning as to the cause of death could not be

found.

DW – 2 : Mr. Ajay Shakya (Accused No.1)

Sex: Male Age : 42 years Occupation: Supervisor at Construction site

Statement: I am Ajay Shakiya, S/o Vinod Shakiya and resident of Kholi 8, Barastoli, Rinchi.

I have a degree of B.Com from the Local College of Commerce, Rinchi. On the 2nd

of

January, 2015, I was having tea, at a Tea Stall in Kaliash Colony with two of my friends,


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namely Naman Bhalla, Jai Pradhan and Kailash Nangia. At that point of time we were in

possession of some weapons of which we didn’t have license for. As we saw the police

coming we rushed towards our motor bikes. That is when the police arrested me along with

Naman. The rest two got away.

I had a pistol and a magazine for the pistol with one bullet missing whereas my partner was in

possession of a brand new pistol from which no bullets was fired till date. My other partners

were is possession of some 50 odd bullets some of which fell while they were trying to run

away. These were seized by the police. These weapons and bullets were with us as we were

planning to sell them. My relationship with M/s Forever Ready was strictly a professional

one. I was an employee from the past 5 years and was working with them as a consignment

supervisor. Mr. Nitin Raizada was however a very shot- tempered person. He used to ill treat

his employees and even misbehave with his clients. Breaking of cups and saucers and hurling

abuses on the office boy was a natural phenomenon. It became a natural thing for us and

eventually we became habitual to his rude behaviour. But Nitin couldn’t realise this that it

was only we who were accustomed to his behaviour and not the acquaintances. One day one

client, Mr. Ranjit Chaddha came to our office. The purpose of his visit was to have a meeting

with Nitin in order to settle a dispute regarding some lost consignment. I saw Nitin grab the

collar of Mr. Chaddha, although I could not hear what they were saying as the incident

occurred inside the glass chamber of Nitin. In response Mr. Chaddha pointed fingers at Nitin

and left the chamber banging the glass door.

On urges from my friends Naman Bhalla I started using my position to start smuggling guns

and ammunitions. Mr. Nitin Raizada became aware of this on the 26th

of December, 2014 and

after a big argument he fired me from the job. I haven’t spoken or met him since that day.


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On 1st January, the night on which the said incident took place I was with my friends drinking

and celebrating NewYear in Metro Bar, situated in Kamal Nagar at around 9:30 pm.

I accept that I have been associated with smuggling of weapons however I deny the

allegations of murder.

DW- 3 - : Mr. Naman Bhalla, (Accused No.2)

Sex: Male Age : 39 years Occupation: Unemployed

Statement: I am Naman Bhalla, S/o Akshay Bhalla, Resident of 7 Kipputhana, Rinchi. I was

a student of B.Com at the Local College of Commerce Rinchi where I had met Ajay Shakiya

and we are friends since then.

On the 2nd

of January, 2015 I along with Ajay and two other acquaintance were having tea at

Kailash Colony, Rinchi. We were in possession of certain weapons for which we didn’t have

license. We were going to sell this weapons after finding a proper buyer. On seeing the police

we tried to run away. But Ajay and I were caught, while the other two escaped. We were in

the possession of two pistols. The one I had was unused while Ajay had a pistol which was

fired once during the testing. The police seized these and took us to the police station.

I had heard about the Raizadas and the firm M/s Forever Ready only from Ajay. I don’t have

any personal details about them. I heard that on 1st of December, 2014 Mr. Nitin had fired

Ajay from the job. Initially he seemed a little disturbed about it but after a while he let it go.

I do not have any knowledge whether Ajay or Mr. Nitin had any interaction after this.


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DW – 4 : Mr. Mathew Gonzalves, Receptionist

Sex: Male Age : 39 years Occupation: Receptionist at the Metro Bar

Statement: I am Mathew Gonzalves, s/o Nathan Gonzalves, residing at 31/9, 53rd

Street,

Polka Colony, Rinchi. I am a receptionist at the Metro Bar, the address of which is 66, Station

Road Palisade Building, Rinchi. My home is at a distance of about 0.5km from the Metro

Bar.

On 3rd

January, 2015, at around 7:30 pm, Sub-Inspector along with three other constables

came to Metro Bar for some investigation. The week had been pretty hectic due to New

Year’s Celebration. The Bar had been doing really well in terms of sales and business. On 3rd

noon, the police came to the Bar, enquiring about 3 people, which according to them were

present in the bar on 1st January at around 9:30 pm. They even showed me the photographs of

the two. It was almost impossible to recognize a person by seeing his face as that week had

witnessed not less than 1000’s of customers. I then asked Mr. Rajiv for their names. I was

told that their name were Ajay Shakya and Naman Bhalla.

I then pulled out the Entry Register from the rack and checked for their names. On spending

good 10 minutes, I somehow managed to trace their name. The Entry was made by the name

of “Ajay+2”. The in-time showed 8:45 pm and the out-time, 10:20 pm. The date of their entry

was 1st January, 2015. Mr. Rajiv then hurled a plethora of questions upon me which I was

unable to answer as my job was only restricted to making entry in the Entry Register. In fact,

I suggested them that they should go and talk to the waiter who attended them.

Our Entry Register even had a column which contains the name of the waiter who serves the

respective customer. On checking that, I found that Anil, was the waiter who served them on


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that night. I then called Anil and instructed him to see me at the reception. Meanwhile the

Police asked for a photo-copy of the page of the Entry Register which had their details.

They even asked me for a copy of their invoice/bill to which I duly responded and submitted

all to them. Anil took around 5 minutes to come to the reception counter as he was busy

serving the customers. .

I was already late that day and my shift was already over. I handed over Anil to Mr. Rajiv

and told him to cooperate with the police investigation and then left for my home.


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Exhibit 6

CHARGESHEET

(Under Section 73 Cr. P.C)

G.R. NO. 2018/15

FINAL FORM REPORT

In the court of sessions judge,

1. Dist. Rinchi P.S. Nangloi Year: 2015 FIR NO. 667/14 Date of FIR: 01-01-15

2. Charge sheet No. 234143

3. Date: 01-03-2015

4. (1)Act: Folandian Penal Code, Ss.302, 120 B, 34, 504, 107

(2)Act: Arms Act S. 27

5. Type of Final Form: Charge sheet

6. If F.R. Un-occurred: X

7. IF charge-sheet: Original

8. Name of the I.O.: Rajeev Shekhawat (Sub-inspector)

9. Name of Complainant / Informant: Aditya Raizada

10. Details of property seized:

(1)1 (one) Empty Cartridge recovered in a dilapidated state.

(2)2 (two) Smith and Wessem arms.

11. No. Of accused persons. : 2 (two)

12. No. Of accused persons charge-sheeted: 2 (two)


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During the investigation after visiting the hospital, I visited the crime scene and examined the

spot.

During the investigation, I have taken several statements u/s 161 Cr.P.C and a I find a strong

prima facie case against the accused.

I submit the charge-sheet vide Nangloi P.S. charge-sheet dated 01-03-2015 against the

accused no. 1 Ajay Shakya s/o Vinod Shakya and accused No. 2 Naman Bhalla s/o Akshay

Bhalla.

I pray to the Ld. Court to take cognizance against the accused for crimes committed u/s 302,

120 B, 34, 504, 107 of the Folandian Penal Code & S. 27 of the Folandian Arms Act and

compel their attendance in the Court for the purpose of their trial.

Submitted

Sd/-

(Rajeev Shekhawat)


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Appendix 2

ENTRY REGISTER


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Appendix 3

CALL LOG OF MR. CHADDHA

Outgoing Phone Call Log Form

Name: RANJIT CHADDHA Phone No.: 9089912325 Purpose: Police Investigation

Name of

Person/Company

Called

Phone Number Date Time of

Call

Length of Call in

minutes

Nitin Raizada 9425615694 30.12.2014 00:45 --:--

Vivek Diwan 8721652317 02:00 6:00

Amogh Salve 7721652144 30.12.2014 06:00 15:25

Rommel Luthra 9725867115 30.12.2014 06:22 02:11

Parth Sultania 8989252133 30.12.2014 07:10 03:46

Pritish Modi 8004246715 30.12.2014 10:30 07:47

M/s Forever Ready. 072- 2564908 30.12.2014 11:50 25:56

Ebaad Kejriwal 9222347181 30.12.2014 12:30 09:36

Aditya Raizada 8434105092 30.12.2014 13:35 06:32

Nitin Raizada 9425615694 30.12.2014 14:32 10:49


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Anshumann Birla 9458670882 30.12.2014 22:00 13:44

Saloni Khan 7382014145 31.12.2014 11:00 06:39

M/s Forever Ready 072- 2564908 31.12.2014 17:30 04:30

Saurav Jain 8417600744 31.12.2014 19:33 5:33

Nitin Raizada 9425615694 31.12.2014 19:55 2:38

Aditya Raizada 8434105092 31.12.2014 20:33 16:34

Nitin Raizada 9425615694 31.12.2014 21:44 00:00

Nitin Raizada 9425615694 31.12.2014 21:44 --:--

Shyam Kapoor 8824394241 31.12.2014 22:00 10:00`

Sonal Gadkari 9424746452 01.01.2015 13:15 05:22

Kirtikar Sinha 7805975604 01.01.2015 15:36 01:44

Gouransh Bansal 9424344454 01.01.2015 16:28 07:29

Ankit Sikri 7547113534 01.01.2015 17:00 --:--

Girish Waghwa 7760743051 01.01.2015 20:00 8:47

Adiya Raizada 8434105092 01.01.2015 21:25 06:25

Surjit Micheal 9686752134 01.01.2015 21:45 01:56


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Appendix 4

MARRIAGE INVITATION CARD


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Appendix 5

FLIGHT TICKET OF MR. CHADDHA

From: [email protected]

Date: 7th

December, 2014 12:31:55 pm IST

To: [email protected]

Subject: Air Foland e-commerce - Fulfilment AIBE15544776 JSRZP

Reply-To: [email protected]

You must present this receipt along with a valid photo identification, to enter the airport. We

seek your attention to make a note of our Terms & Conditions and Conditions of Contract

at www.airfoland.fl

E-Ticket Itinerary Receipt

PASSENGER DETAILS

PASSENGER

TYPE

NAME FREQUENT

FLYER NO.

MEAL

REQUEST

SPL.

REQUEST

TICKET

NO.(S)

Adult 1 Ranjit

Chaddha

NA NA NA 098-

2934884622

TRAVEL INFORMATION

FLIGHT Depart Arrive CLASS FARE

BASIS

NVB* NVA* BAGGAGE

ALLOWANCE

AI 809 Molkata Rinchi Economy UEIPWEB Sun, 28 Sun, 28 Adult: 15 Kg

mailto:[email protected]



http://www.airfoland.fl/


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Booked (MOL)

Sun, 28 Dec

2014, 09:00,

Terminal 1A

(IZR)

Sun, 28

Dec 2014,

10:05

- U Dec

2014

Dec

2014

* All times are local to airport.

* NVB - Not Valid Before, NVA - Not Valid After

BOOKING DETAILS

Booking reference no (PNR): JSRZP

Web Reference: AIBE166644776

Issuing Airline: Air Foland Ltd.

Issued date: 7th

December, 2014

Place of

issue: www.airfoland.fl / IBE

Contact No: 562623805713

Email: [email protected]

IP

address: 19.103.29.17.111.169

FARE DETAILS PAYMENT DETAILS

FARE

1 Adults @ INR 6,450.00 :FNR 6,450.00

SURCHARGE

Foland: User Development Fee

(DF)

:FNR 308.00

Foland: Passenger Service Fee

(PSF)

: FNR 147.00

NAME ON CARD: Ranjit Chaddha (as entered

while booking)

CARD TYPE: Visa

CARD NO.: **************666

AUTH CODE: 007666

ENDORSEMENT/RESTRICTIONS

ENDOS NON-END/VALID ON AI

https://book.airindia.in/itd/itd/lang/en/reservations/aibe15544776




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Foland: Development Fee (YF) : FNR 113.00

Airline Fuel Charge (FCA) : FNR

2,950.00

TAX

Service Tax (YZ) : FNR 465.00

TOTAL TRIP COST : FNR

10,433.00

(Including Base Fare, Surcharge, Fees, Taxes)

TOTAL PAID : FNR 10433.00

payment details

NOTE

• The card used to purchase the tickets will have to be produced at the time of Check-in.

• If the cardholder is not the passenger, then the passenger should possess:

a. A photocopy of both sides of the card, which will have to be self attested by the card

holder authorizing the use of the card for the purchase of the ticket. For security reasons,

please strike out the Card Verification Value (CVV 3digit security code) on the copy of

your card.

b. This photocopy should also contain the name of the passengers, and the itinerary details

for which the booking is made.

• The above document should be produced at the time of check-in. If the passenger fails to

comply with these conditions, Air Foland reserves the right to deny the passenger(s) from

boarding.

• Checked in Baggage details are available on link:

http://www.airfoland.fl/checked-baggage-allowances.htm#top3

https://book.airindia.in/itd/itd/lang/en/reservations/aibe15544776/payments

http://www.airfoland.fl/checked-baggage-allowances.htm#top3


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• Infant(not entitled to seat) baggage allowance for all international routes is 10kgs only

Please note that all AI Flight ranges 010-399 and 900-999 depart from the international

terminal . The following domestic flights at Humbai, depart from Terminal 2 (International) at

Gahar. AI 012, 054, 101, 130, 144, 310, 314, 342, 348, 965, 984, 986, 050

• Passengers are advised to report at the check in counters well in time.

RECOMMENDED REPORTING TIME :Before Departure

Domestic Flights :75 Minutes

International Flights :150 Minutes

Departing from Deh/Hinagar/Kammu Airports :120 Minutes

Domestic leg of International Flights :120 Minutes

COUNTER CLOSING

TIME

:Before Departure

Domestic :45 Minutes (60 Minutes for domestic leg of an

International flight)

International :60 Minutes

• Passengers are required to show any of the following form of identification at time of check-

in: *Passport *Driving License *Pan Card *Voter Card *Military ID *Photo Cr. Card *Airline

ID *Any Photo card by Airline *Any other photo card issued by Government Agencies

• The Carrier is not liable for any damage,if checked - in baggage includes fragile/valuable

items,passports and other identification documents.

THIS ADVICE IS GENERATED BY THE AIR FOLAND COMPUTER SYSTEM AND

DOES NOT REQUIRE A SIGNATURE. YOUR TICKET RECORD IS ELECTRONICALLY

STORED WITH AIR FOLAND.


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For any assistance you may contact us on the following numbers

AIR FOLAND CALL CENTRE NUMBERS

GINDA: 9-8090-1480 / 14207

RPA: 9-1801 263 7706

NADA: 1811 609 6439

FRANCE: (33) 1 73 44 3218 (9AM TO 9PM)

For any queries pertaining to bookings/cancellations/refunds made through the Air Foland Web

site, please write to us [email protected]

We wish you a pleasant journey and thank you for choosing Air Foland.

Please check status of your flight from our call center no.18003230140725 or from Web

site www.airfoland.fl before leaving for airport.




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Appendix 6

GUN LICENSE OF MR. CHADDHA


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Appendix 7

INVOICE/BILL OF METRO BAR

Metro Bar INVOICE

66, Station Road 1-January-2015

Palisade Building, Kamal Nagar Invoice #234233

Rinchi, Realkhand Service Tax #234-143

(072) 456 789 Waiter: Anil

[email protected]

Table No: 21

#

Item Description Quantity

Unit price Total

(FNR)

(FNR)

1 Grilled Chicken Sandwich 3 150.00 450.00

2 Mixed Fried Rice 3 200.00 600.00

3 1000 Viper (Whiskey) 3 650.00 1950.00

4 Buborg (Beer) 6 210.00 1260.00

5 Back Daniel (Scotch) 3 800.00 2400.00

Subto

tal 6660.00

Sales Tax (14.4%) 959.04

Total 7619.04


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Appendix 8

FORM NO. 13

DEATH CERTIFICATE OF THE DECEASED

(Issued under Section 13 of the Registration of Births and Deaths Act, 1955)

This is to certify that the following information has been taken from the original record of

death which is the register for (local area/ local body)Municipality Corporationof Tehsil/

Block Tanke of district Rinchi of state/ Union territory Realkhand.

Name:Late Nitin Raizada Sex: Male

Date of Death: 01-01-2015 Place of DeathPH-2

Name of mother: Late Smt. Phoolmati Devi

Name of Father: Mr Ramesh Raizada

Address of the deceased :

1 Tanke Road, Rinchi, Realkhand, 7890001

Registration No1254/15 Date of Registration: 02-01-2015

Remarks(if any)……………………………………………………………………………....

Date of issue02-01-2015

Sd/-

Signature of the issuing authority.

Address of the issuing authority.

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